- 1 - NC: 2025:KHC:2930 WP No. 23252 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23252 OF 2024 (KLR-REG) BETWEEN: SRI LOKESHA. R, S/O LATE RAMACHANDRAIAH, AGED ABOUT 38 YEARS, R/AT HOSAPALYA VILLAGE, IPPADI POST, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 122 …PETITIONER (BY SRI. SHIVASHANKARA Y D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, M S BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101. 4. THE TAHSILDHAR, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:2930 WP No. 23252 of 2024 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION, REP BY ITS SECRETARY, KUNIGAL TALUK, KUNIGAL - 572 130. …RESPONDENTS (BY SRI MANJUNATH K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R4 AND R5 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER DATED 20/12/2018 VIDE ANNX-B FOR REGULARIZATION OF HIS UNAUTHORIZED OCCUPATION AND CULTIVATION OF THE LAND BEARING SY.NO. 111, MEASURING 2 ACRES, 0.30 GUNTAS SITUATED AT IPPADI VILLAGE, HUTHRIDUGRA HOBLI, KUNIGAL TALUK AS PER THE SURVEY SKETCH PREPARED BY THE TALUK SURVEYOR VIDE ANNX-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the caption petition, the petitioner is aggrieved by the inaction on the part of respondent No.4 - Tahsildhar, in not placing the petitioner's application along with related documents before the respondent No.5 - committee, hence, the caption petition is filed. 2. Facts leading to the case are as under, - 3 - NC: 2025:KHC:2930 WP No. 23252 of 2024 The petitioner who belongs to Schedule Caste claims to be in possession in unauthorized occupation of land bearing Sy No.111, tendered an application on 20.12.2018 and Form No.57 seeking regularization of his unauthorized occupation of land. On receipt of the application, respondent No.4 - Tahsildhar, issued a memorandum vide Annexure - D, calling upon Village Accountant and the Revenue Inspector, who conduct a survey and identified unauthorized occupation of the petitioner and draw a sketch. The Village Accountant and the Revenue Inspector in compliance, have sent the survey sketch and other documents related to the petition land. 3. Though, respondent No.4 - Tahsildhar is in receipt of the report sent by the Village Accountant and the Revenue Inspector on 28.04.2023, there is a complete inaction on the part of respondent No.4 - Tahsildhar, who has failed to place the application and related documents before the respondent No.5 - committee. 4. The Tahsildar, as a statutory authority, is under an explicit obligation to promptly forward the necessary records along with all accompanying documents to the concerned - 4 - NC: 2025:KHC:2930 WP No. 23252 of 2024 committee for appropriate action. However, in the present case, the Tahsildar, identified as respondent No.4, has exhibited a significant and unwarranted delay in processing the petitioner’s application. The application in question pertains to a citizen belonging to a depressed class, highlighting the urgency and sensitivity with which the matter ought to have been handled. Instead, respondent No.4 is found to have effectively stalled the matter, thereby demonstrating gross negligence and dereliction of duty 5. For the forgoing reasons, this Court passed the following ORDER i) The writ petition is allowed; ii) Respondent No.4 - Tahsildhar is hereby directed to place the application with all requisite documents secured from Village Accountant and the Revenue Inspector within a period of four weeks from the date of receipt of a copy of this order in the event application is pending consideration. - 5 - NC: 2025:KHC:2930 WP No. 23252 of 2024 iii) The respondent No.5 - Land Grant Committee shall conduct a thorough enquiry as contemplated under Rule 108(b) of Karnataka Land Revenue Rules, 1966 and pass appropriate orders in accordance with law. iv) The respondent No.5 - committee is directed to complete the enquiry and pass appropriate orders within a period of three months from the date of receipt of papers of respondent No.4 - Tahsildhar. v) If, the petitioner is in unauthorized cultivation, the respondent No.4 - Tahsildhar shall ensure that no precipitative action is taken till the respondent No.5 - committee decides petitioner's case. vi) In the event, petitioner's application is already rejected, it is open for petitioner to avail remedy in the manner known to law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM/List No.: 1 Sl No.: 7